Contest Terms and ConditionsNO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. PLEASE PAY PARTICULAR ATTENTION TO PARAGRAPH 4. WHICH STATES THAT THE CONTEST IS OPEN TO IGIVE MEMBERS AND TO PARAGRAPH 8. OF THE IGIVE.COM TERMS OF SERVICE, WHICH STATES THAT A PERSON CANNOT SIGN UP MULTIPLE TIMES Highlighting of existing rules added on 11/29/10 at 10:00 p.m. Chicago time. 1. Sponsor: The iGive.com Holiday Video Contest (the "Contest") is sponsored by iGive.com Holdings, LLC (hereafter "Sponsor") a Delaware corporation located in Miami Gardens, FL. 2. Eligibility: These are the Official Rules (the "Official Rules") for the Contest. To enter the Contest, you must agree to these Official Rules. The Contest is open only to individuals who are legal residents of and are currently located in the 50 United States or the District of Columbia, plus Puerto Rico, Guam and the U.S. Virgin Islands. Individuals must be at least thirteen (13) years of age on or before October 27, 2010. Any persons (including but not limited to employees, officers, directors, consultants, independent contractors, and interns), who have, within the past six (6) months, performed services for the Sponsor, subsidiary, or affiliated entities, or agents acting on behalf of the above entities, including but not limited to all other promotional partners, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and/or their respective parents, affiliates, subsidiaries, licensees and distributors, and immediate family and household members of such individuals, are not eligible to enter, play or receive a prize. "Immediate family members" shall mean spouses, parents, step-parents, children, step-children, siblings or step-siblings. "Household members" shall mean people who share the same residence at least three (3) months a year with any of the foregoing, whether or not related. Eligibility is subject to all federal, state, and local laws and regulations. Upon request, an entrant under the age of eighteen (18) shall provide the written consent of his or her parent or guardian to participate in the Contest. Additionally, the Contest is only open to individuals who are members in good standing of iGive.com at the time they submit an entry, during the voting for the entries, and for a period of 90 days after the winning entries are chose. 3. Entry Period: Members may submit entries to enter the Contest between Monday, November 1, 2010 at 12:01 am Central Time ("CT") and Tuesday, November 30, 2010 at 11:59 pm CT ( the "Entry Period"). Voting period runs concurrently with the Entry Period. 4. How to Enter: NO PURCHASE NECESSARY. To enter, you must be a member of iGive.com and have selected a cause to support (cannot be receiving a check "yourself"). Visit http://www.iGive.com/videocontest and provide all information requested on that page and linked pages, including a video not to exceed two (2) minutes in length. A member may have more than one (1) entry. Video submissions will be available for viewing and voting by the general public as set forth herein. Video must not exceed 250mb and must be submitted successfully to Youtube. See the Section entitled "Video Requirements" below for additional requirements. All entries are subject to verification and approval by the Sponsor. Videos must be uploaded in compliance with the Contest requirements set forth herein. Video entries that do not meet the specifications or otherwise do not comply with the Official Rules herein may be automatically disqualified. Incomplete, illegible or mutilated entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered or illegible entries. Any attempted form of entry other than as described herein is void. Sponsor will determine in it sole discretion what constitutes a valid entry. In order to win, a Member must transfer ownership of the entry to Sponsor, prior to any prize being paid to Winner. All entries must comply with the terms and conditions of YouTube. Sponsor may screen submissions at the time of submission. Sponsor may not award prizes (in its sole discretion) to submissions, even if they are made available for viewing and voting by Sponsor, if they do not meet the requirements of this contest. In the event of a dispute about the identity of an entrant, entries will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry (if eligible). "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Grand Prize Winner (as defined herein) may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning entry. Entries must be submitted from a valid e-mail account, which may be identified by reverse domain name search. 5. Video Requirements: Once a participant registers and uploads a video, there will be no access to the original registration information and such participant will be unable to make any edits or changes. All videos must be original creations of the entrant. Submissions must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain any promotional brands, slogans, URLs, or marks of any third party other than those of Sponsor; (c) contain defamatory statements; (d) include threats to any person, place, business, or group; or (e) be obscene or indecent. Any elements that appear in the submission, including, without limitation, images, text, music, audio, speech, or other audiovisual materials used must be entirely original, created and performed by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of a submission, in the Sponsor's sole discretion. If a submission depicts any third party, that third party must be of the age of majority in his/her jurisdiction of residence and you must have written permission from that third party or their legal guardian, which shall be produced on demand, to grant the rights to the Sponsor described in the "Sponsor's Rights to Entries" section below. By submitting a video, you represent that (a) you are the creator of the submission, (b) you own all rights to the submission, (c) the submission does not infringe upon or violate the intellectual property, privacy, or other rights of any third party, (d) the submission has not previously been entered in any other contest, and (e) the submission has not been previously published in any medium. To be eligible for the Contest, the entry must: (a) be two (2) minutes or less in length; (b) be funny, lighthearted, and project Sponsor and member’s cause in a dignified manner and enhance the general reputation of Sponsor and member’s cause as determined in the sole discretion of Sponsor. It must have a opening or closing title that includes the name of the cause being supported, and the cause’s “joinLink� at iGive.com. Any video that is obscene, pornographic, violent, offensive in any manner, or in any other way not suitable to be published (as determined solely by the Sponsor). will not be available to the general public and will be disqualified. Entrants agree that the inability to publish an entry, or the obscenity, fraudulent nature or invalidity of the registration information (as determined by Sponsor at its sole discretion) will render the corresponding entry void. 6. Sponsor's Rights to Entries: By submitting an entry, you: (a) agree that, upon winning, all entry materials become the property of the Sponsor, and will not be acknowledged or returned; (b) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual exclusive royalty-free right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (c) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal rights that may preclude the Sponsor's use of your entry, or require any further permission for the Sponsor to use the entry; (d) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and any other legal rights; and (e) agree not to promote or sell the entry materials or represent that you or the entry materials are affiliated in any way with the Sponsor without the express written consent of Sponsor. 7. Voting: iGive members may vote one time per day per membership for a video entry between Monday, November 1, 2010 at 12:01 a.m CT and Tuesday, November 30, 2010 at 11:59 pm CT (the "Voting Period"). At the conclusion of the Voting Period, the entry that has received the greatest number of iGive member votes and has satisfied the Official Rules will be declared the "Grand Prize Winner" on or before Friday, December 31, 2010 at 12:01a.m. CT. All other prizes will be awarded at the same time, based upon their voting totals. iGive membership is free. Voting takes place at http://www.iGive.com/html/videocontestvote.cfm 8. Prizes: The Winner Video Entry will result in a $1,000 donation to the cause selected by the entrant as part of the iGive membership. There are two (2) second place prizes of $500, five (5) third place prizes of $250, ten (10) fourth place prizes of $150. All prizes are donated to the causes selected by the submitter at the time of entry. Additionally, the submitter of the top vote receiving entry will receive a $250 Amazon.com gift card. Early Bird Prizes: The first 100 valid entries (as received by iGive.com) will result in a $50 donation to the cause of the submitter, as chosen by the submitter at the time of entry. To qualify for an early bird prize, the entry must receive votes from 10 (ten) different members by the end of the contest. A cause cannot win more than one (1) Early Bird Prize. Winning entry submitters shall be required to verify their identity with proper and legal picture identification. Upon proper verification and compliance with all Contest requirements, the donations and the Gift Card will be sent no later than January 31, 2011. PRIZE NOTES: Winners are responsible for any and all taxes, including income taxes, should there be any. The Amazon.com Gift Card Winner will be required to submit his or her social security number and will receive a tax form 1099 from Sponsor, its agent or designee. By entering, participants release and hold Sponsor, and each of their respective parent companies, subsidiaries, affiliates, distributors and advertising and promotional agencies, and each of their respective directors, officers, employees, and agents, and all others associated with the development and execution of this Contest (collectively, the "Promotion Entities") harmless from and against any and all liability, losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, prize, taxes, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize. Each entrant waives the right to assert, as a cost of winning a prize, any and all costs of redemption or travel to redeem said prize. The Promotion Entities will not replace any lost or stolen prize items once in the Winner's possession. 9. Publicity: Submission of any entry constitutes permission (except where prohibited by law) to use the entrant's name, hometown, video entry, voice, prize won and contest responses for purposes of advertising, promotion and publicity without additional compensation. Submission of an entry grants the Sponsor and their agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights, trademarks, and any legal rights in the entry. You acknowledge that Sponsor is in no way obligated to publish or use your submission in any way. All federal, state and local laws and regulations apply. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor. 10. Winners Notification: Winners will be notified by phone, mail, e-mail, or via express mail delivery service. Except where prohibited, the Winners will be required to complete and return an Affidavit of Eligibility and a Liability/Publicity/Grant of Rights, Consent and Release Form which must be signed by the Winners, notarized, and received by Sponsor or its designated agent within seven (7) days of the date printed on the notification. If the Winner is a minor, his or her parent or legal guardian must sign all necessary documents on his or her behalf. If the Winner cannot be contacted, or fails to reply to a winner notice within the required time period, then an alternate Winner will be determined. If this is the case, the entrant with the next highest votes in the Final Voting Period will be declared the alternate Winner. For the name of the Winners, you may send a self-addressed, stamped envelope by January 15, 2011 to: iGive.com Contest Winner, Suite 351, 19821 NW 2nd Ave, Miami Gardens, FL 33169. 11. Conduct: By participating in this Contest, each entrant agrees to abide by these Official Rules and the decisions of the Sponsor, which are final and legally binding as they pertain to this Contest. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or the web site or to be acting in violation of the Official Rules. Sponsor reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY IGIVE.COM WEB SITE, ADMINISTRATOR'S SITE OR ANY THIRD PARTY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 12. Notice to Contestants: Sponsor is not responsible for problems downloading or uploading any Contest-related information or entries to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant's ability to participate in this Contest. If applicable, mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or cancel the Contest in its entirety at any time, including without limitation in the event the Contest becomes infected by a computer virus or is otherwise technically impaired, or should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor's control corrupt the administration, security, fairness, integrity or proper play of the Contest. If this is the case, Winners will be named by Sponsor from among all entries received prior to cancellation according to the criteria set forth above. 13. Severability and Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. 14. Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the State of Illinois any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 15. Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois. 16. Modification: The Official Rules may be modified by Sponsor at any time. 17. Disclaimer and Force Majeure: Sponsor and the other Promotion Entities are not responsible for: (1) typographical errors in any materials relating to the Contest; (2) lost, misdirected, illegible, incomplete, or delayed entries; (3) cancellations, postponements, or delays; (4) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder; (5) unauthorized human or technology based intervention in any part of the entry process or the Contest; (6) electronic or human error which may occur in the administration of the Contest or the processing of entries; or any other causes beyond such parties' control, making it inadvisable, illegal, impossible, or impractical to continue the Contest or to perform under these Official Rules. Sponsor makes no warranty, guarantee, or representation of any kind concerning the prize; Administrator and Sponsor specifically DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY. |
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